Hacker News new | past | comments | ask | show | jobs | submit login

I’m not opposed to positive rights, but I’d rather we call them something else so as not to erode the special nature of regular rights.

In Europe/UK, the right to housing is often mentioned. That is a completely different can of worms. A state can try and fail to provide everyone access to housing. This is different to free speech. There is no such thing as well intentioned failure to protect speech.




special nature of regular rights

They aren't special, though. The distinction between "positive" and "negative" rights completely melts away when you ask yourself who has substantive access and who merely has formal access to their rights.

For example, free speech. You can't exercise your right to free speech when you're dead. Everybody may have formal access (access on paper) to free speech but some people have far greater substantive access due to their socioeconomic status. A poor person will suppress their right to free speech in exchange for a job so they can buy food. Their employer, on the other hand, can say whatever they want without the risk of being fired. Same formal access, different substantive access.

This exercise works for any right. Perhaps the most obvious one is the right to a fair trial. It would be laughable if it weren't so horrific. Every day, countless people have their lives ruined by the criminal "justice" system because they cannot afford the best lawyer. Wealthy people simply do not have this problem. A person with a lot of wealth has far greater substantive access to a fair trial than the average person.




Consider applying for YC's Spring batch! Applications are open till Feb 11.

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: